Ms. Jackson-Lee of
Texas (for herself, Ms.
Bordallo, Mr. Luetkemeyer,
Ms. Kilroy,
Ms. Zoe Lofgren of California, and
Mr. Thompson of Mississippi)
introduced the following bill; which was referred to the
Committee on Energy and
Commerce

A BILL

To promote and encourage the valuable public service,
disaster relief, and emergency communications provided on a volunteer basis by
licensees of the Federal Communications Commission in the Amateur Radio
Service, by undertaking a study of the uses of amateur radio for emergency and
disaster relief communications, by identifying unnecessary or unreasonable
impediments to the deployment of Amateur Radio emergency and disaster relief
communications, and by making recommendations for relief of such unreasonable
restrictions so as to expand the uses of amateur radio communications in
Homeland Security planning and response.

1.

Short title

This Act may be cited as the
Amateur Radio Emergency Communications
Enhancement Act of 2009.

2.

Findings

The Congress finds the following:

(1)

Nearly 700,000 amateurs radio operators in
the United States are licensed by the Federal Communications Commission in the
Amateur Radio Service.

(2)

Amateur Radio operators provide, on a
volunteer basis, a valuable public service to their communities, their States,
and to the Nation, especially in the area of national and international
disaster communications.

(3)

Emergency and
disaster relief communications services by volunteer Amateur Radio operators
have consistently and reliably been provided before, during, and after floods,
hurricanes, tornadoes, forest fires, earthquakes, blizzards, train accidents,
chemical spills, and other disasters. These communications services include
services in connection with significant examples, such as hurricanes Katrina,
Rita, Hugo, and Andrew; the relief effort at the World Trade Center, and the
Pentagon following the 2001 terrorist attacks; and the Oklahoma City bombing in
April 1995.

(4)

Amateur Radio has
formal agreements for the provision of volunteer emergency communications
activities with the Department of Homeland Security, the Federal Emergency
Management Agency, the National Weather Service, the National Communications
System, and the Association of Public Safety Communications Officials, as well
as with disaster relief agencies, including the American National Red Cross and
the Salvation Army.

(5)

The Congress
passed Public Law 103–408 which was signed by the President on October 22,
1994. This included in Section 1 the following finding of Congress:
Reasonable accommodation should be made for the effective operation of
amateur radio from residences, private vehicles and public areas, and the
regulation at all levels of government should facilitate and encourage amateur
radio operation as a public benefit.

(6)

The Congress passed Public Law 109–295
which was signed by the President on October 4, 2006. This included a provision
in the Department of Homeland Security Appropriations legislation for fiscal
year 2007 that directed the Department’s Regional Emergency Communications
Coordinating Working Group to coordinate their activities with ham and
amateur radio operators among the eleven other emergency organizations
such as ambulance services, law enforcement, and others.

(7)

Amateur Radio, at
no cost to taxpayers, provides a fertile ground for technical self-training in
modern telecommunications, electronic technology, and emergency communications
techniques and protocols.

(8)

There is a strong
Federal interest in the effective performance of Amateur Radio stations, and
that performance must be given support at all levels of government and given
protection against unreasonable regulation and impediments to the provision of
these valuable communications.

3.

Study of enhanced
uses of amateur radio in emergency and disaster relief communication, and for
relief of restrictions

(a)

Authority

The Secretary of Homeland Security—

(1)

shall undertake a
study on the uses and capabilities of Amateur Radio communications in
emergencies and disaster relief; and

(2)

shall report its
findings to Congress not later than 180 days after the date of enactment of
this Act.

(b)

Scope of the
study

The study required by this section shall—

(1)

include
recommendations—

(A)

for enhancements
in the voluntary deployment of Amateur Radio licensees in disaster and
emergency communications and disaster relief efforts; and

(B)

for improved
integration of Amateur Radio operators in planning and in furtherance of the
Department of Homeland Security initiatives;

(2)(A)

identify unreasonable or
unnecessary impediments to enhanced Amateur Radio communications, such as the
effects of private land use regulations on residential antenna installations;
and

(B)

make recommendations regarding such
impediments; and

(3)(A)

include an evaluation of
section 207 of the Telecommunications Act of 1996 (Public Law 104–104, 110
Stat. 56 (1996)); and

(B)

make a recommendation whether that
section should be modified to prevent unreasonable private land use
restrictions that impair the ability of an amateur radio operator licensed by
the Federal Communications Commission to conduct, or prepare to conduct,
emergency communications by means of effective outdoor antennas and support
structures at reasonable heights and dimensions for the purpose, in residential
areas.

(c)

Use of expertise
and information

In conducting
the study required by this section, the Secretary of Homeland Security
shall—

(1)

utilize the
expertise of the American Radio Relay League, representing the National Amateur
Radio community; and